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West Virginia University

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Articles 31 - 60 of 318

Full-Text Articles in Labor and Employment Law

Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell Apr 2017

Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell

West Virginia Law Review

No abstract provided.


Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso Apr 2017

Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.


Connecting Nineteenth-Century Antislavery And Labor Movements With Twenty-First-Century Workers’ Rights, Anne M. Lofaso Jan 2017

Connecting Nineteenth-Century Antislavery And Labor Movements With Twenty-First-Century Workers’ Rights, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Justice Scalia's Labor Jurisprudence- Justice Denied, Anne M. Lofaso Jan 2017

Justice Scalia's Labor Jurisprudence- Justice Denied, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Deflategate: What's The Steelworkers Trilogy Got To Do With It?, Anne M. Lofaso Jan 2017

Deflategate: What's The Steelworkers Trilogy Got To Do With It?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand Dec 2016

Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.


Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan Dec 2015

Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan

West Virginia Law Review

No abstract provided.


Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke Dec 2015

Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke

West Virginia Law Review

No abstract provided.


Why Don't More Employers Adopt Flexile Working Time?, Robert C. Bird Sep 2015

Why Don't More Employers Adopt Flexile Working Time?, Robert C. Bird

West Virginia Law Review

No abstract provided.


Worker Collective Action In The Digital Age, Jeffrey M. Hirsch Apr 2015

Worker Collective Action In The Digital Age, Jeffrey M. Hirsch

West Virginia Law Review

No abstract provided.


The Cowboy Code Meets The Smash Mouth Truth: Mediations On Worker Incivility, Michael C. Duff Apr 2015

The Cowboy Code Meets The Smash Mouth Truth: Mediations On Worker Incivility, Michael C. Duff

West Virginia Law Review

No abstract provided.


Managing For Social Change: Improving Labor Department Performance In A Partisan Era, Seth D. Harris Apr 2015

Managing For Social Change: Improving Labor Department Performance In A Partisan Era, Seth D. Harris

West Virginia Law Review

No abstract provided.


Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker Dec 2014

Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker

West Virginia Law Review

No abstract provided.


Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii Dec 2014

Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii

West Virginia Law Review

No abstract provided.


I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso Dec 2013

I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer Apr 2013

Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer

West Virginia Law Review

The cornerstone of the graduated enforcement scheme enacted to ensure safety in America's mines, significant and substantial has long been one of the Mine Safety and Health Administration's principal enforcement tools. In the 1969 Federal Coal Mine Health and Safety Act, Congress mandated that when a federal mine inspector issues a citation for a violation of a mandatory health or safety standard, the inspector must indicate whether the violation is one that "could significantly and substantially contribute to the cause and effect of a mine safety or health hazard." While Congress provided minimal guidance as to what it intended and …


Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore Dec 2012

Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore

West Virginia Law Review

No abstract provided.


Public-Sector Unions, Public Employees: May You Live In Interesting Times, Anne M. Lofaso Nov 2012

Public-Sector Unions, Public Employees: May You Live In Interesting Times, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Are Pharmaceutical Sales Representatives Exempted From The Overtime-Pay Requirements Of The Fair Labor Standards Act?, Anne M. Lofaso Apr 2012

Are Pharmaceutical Sales Representatives Exempted From The Overtime-Pay Requirements Of The Fair Labor Standards Act?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg Apr 2012

West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg

West Virginia Law Review

No abstract provided.


Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps Apr 2012

Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps

West Virginia Law Review

No abstract provided.


Just Notice: A Paradigm-Shifting Solution To Economic Dismissals, Anne M. Lofaso Oct 2011

Just Notice: A Paradigm-Shifting Solution To Economic Dismissals, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson Apr 2011

Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson

West Virginia Law Review

No abstract provided.


Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders Jan 2011

Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders

West Virginia Law Review

Multiemployer collective bargaining relationships between un- ions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers' employees, the employers have much to gain from banding together as an association, raising their prices and eliminating non-union competition, with unions happily serving as enforcement agents in the scheme. In return, unions receive a share of the increased oligopolistic profits in the form of higher wages and benefits. A threat to such a cartel is an employer who wants to bargain with the union but does not want to accept the terms the associ- …


What We Owe Our Coal Miners, Anne M. Lofaso Jan 2011

What We Owe Our Coal Miners, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Judicial Amendments Treating Citizen And Immigrant Workers Equally . . . Badly: Labor Rights Without Effective Remedies, Anne M. Lofaso Nov 2010

Judicial Amendments Treating Citizen And Immigrant Workers Equally . . . Badly: Labor Rights Without Effective Remedies, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Did Congress Authorize The Nlrb To Decide Cases With Only Two Sitting Board Members, Where The Nlra’S Statutory Language Provides For A Three-Member Board Quorum?, Anne M. Lofaso Mar 2010

Did Congress Authorize The Nlrb To Decide Cases With Only Two Sitting Board Members, Where The Nlra’S Statutory Language Provides For A Three-Member Board Quorum?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Talking Is Worthwhile: The Role Of Employee Voice In Protecting, Enhancing, And Encouraging Individual Rights To Job Security In A Collective System, Anne M. Lofaso Jan 2010

Talking Is Worthwhile: The Role Of Employee Voice In Protecting, Enhancing, And Encouraging Individual Rights To Job Security In A Collective System, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory Jan 2009

Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory

West Virginia Law Review

No abstract provided.


Mining Mining Data: Bringing Empirical Analysis To Bear On The Regulation Of Safety And Health In U.S. Mining, Alison D. Morantz Sep 2008

Mining Mining Data: Bringing Empirical Analysis To Bear On The Regulation Of Safety And Health In U.S. Mining, Alison D. Morantz

West Virginia Law Review

No abstract provided.